Legal Question in Medical Malpractice in Massachusetts

I have Fibromyalgia, myofascaial pain,Reiters disease, Ankylosing spondlylitis, degenerative joint disease. After 5 years my dose of Oxycontin was at 320 mg plus15 mgs.of Roxicodone qid. My "Pain doctor" wanted a drug holiday, I asked why becuase i have a medical background and know morphine and Oxycodone have NO ceiling.He said he would taper my opiods by 10 % each month until he reached below 200mg /day; stating that rapid withdrawal above a dose of 200mg/day could cause stroke,seizure,or death. He titrated for two months and reached 300mg/day and suddenly in 3 weeks tapered me to zero meds.

I asked why he wouldnt respond to my phone calls.2 months later i obtained my medical records and there were 3 errors,for his reason to DC me from opiods.He stated abherant drug behaviour. !) being i wentgrocery shopping with a lady friend whr my pharmacy is located . When I got home my meds were not thr. I informed the "Pain Clinic" (not asking for refils as per pain contract.3 hours later i was able to reach my friend on the phone and she stated the meds were in one of her grocery bags,and I went to her house and got them back. IN his medical notes the Dr. does NOT note that my meds were found;just that they were lost or stolen! 2) On another occassion my car was stolen and my zanaflex prescription was in the trunk. I notified my prmimary care Dr.who prescribed the zanaflex RX. I never refilled the zanaflex. She informed my " Pain doctor":of this which he put in my medical notes.3 days later my car was recovered by the local Police Dept .and the meds were still in the trunk of the car. Neither Dr. revised there medical notes that my meds WERE recovered!.3)In the Pain doctors medical notes was a notation stating that; " We received an anonymous telephone callfrom a prior patient who was ejected from our clinicfor gross polysubstance abuseissues and substance problems.He informed us that Paul (myself)was selling his medicationand was able to tell us the exactdate and dosage that he received from us. He also informed us that he was intending to harm Paul,as he was angry that Paul was able to obtain medications from us and he was not"! A few weeks prior a man approached me and asked me to sell or give him some of my meds.I of course said,"NO".He became disturbed and stated he would "cut off my pill supply"! I took this as an idle threat. But he was the anonymous caller. On my next visit I asked and told the "Pain DR" of this account. He acknowledged he knew who the caller was! All people that knew me knew my dosage because i carried my bottles and took a pill every three to four hours. MY main preoccupation in life was pain and I talked about it to everyone and most friends and acquaintances saw my pill bottles.Based on these 3 errors the DR. dc'ed me from Opiates and no other Dr. will prescribe to me (because I need a referall from him to see another Pain Doctor) due to him stating in his medical notes that I was diverting my meds,(which I was not,I took them as directed). THe DR. could have done a pill count and discovered that all my meds were present. I suffered a Major Depresive episode being rapidly tapered form the meds. Its been over 4 years since this happened. 1) can I litigate for negligence still? 2) can i sue him for, breach of warning;ie.the Tarasoff doctrine saying a dr. must inform the police and patient if another patient threatens him.My "Pain Doctor" NEVER informed me or the police that someone inteneded to harm me. He simply stated to me when I asked why that "I couldn't reach you by phone",but never contacted the Police Dept. I live in Massachusetts.Becuase of him NO DR. will prescribe to me,believing his spurious account..


Asked on 3/01/11, 7:58 pm

1 Answer from Attorneys

Sounds like you have the sort of case that is suitable to hiring an attorney by the hour. You would need to hire another doctor to review all the records and give you an opinion that malpractice occured. Best luck, JBS

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Answered on 3/31/11, 2:41 pm


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